CHAPTER V
PENALTIES
 
 
 
Article : 34
  The violation of the provisions of this law shall be fined or imprisoned or both. The NSSF director imposes fines.
Article : 35
  Fine are set in multiples of the base daily wage. The base daily wage is the minimum wage set by a Joint Prakas of the Minister in charge of Social Security Schemes and the Minister of Justice.
Article : 36
  The violation of the provisions of article 6 and 23 of this law are liable to fine of ten to thirty days of the base daily wage, or in case of committing the subsequent offence shall be liable to a fine of thirty to ninety days of the base daily wage in exclusion on the punishment relating to contribution dues and other process for which shall be born by the employer thereof. This fine shall be applied as many as times that workers employing in the conditions in contrary to the provisions of this law.
Article : 37
  Any employer who has retained wrongfully workers' contributions to put in the pension scheme by deducting from their wage shall be penalized for imprisonment of one month to one year and a fine of one hundred twenty to three hundred sixty days of base daily wage or shall be penalized for any of both punishments.
In case of a committing subsequent offence in the period of three years shall be penalized for imprisonment of one to five years and a fine of one hundred twenty days to three hundred sixty days of base daily wage or shall be penalized for any of both punishments.
Article : 38
  1- Any person who willfully falsifies documentation in order to be entitled to benefit that he or she or his/her beneficiary is not eligible to, shall be penalized for a fin for sixty to ninety days of base daily wage or an imprisonment of six days to one month or shall be penalized for any of both punishment .The above the punishment shall be imposed notwithstanding the other faults it that person committed them.
2- In case of a committing subsequent offence in the period of one year shall be penalized at the maximum. That is both punishment shall be applied.
Article : 39
  In all case prescribed in article 36 and 37 the court of law may order to publish the verdict by any kind of media and post up at various fixed places. The publish cost shall be liable by the offender thereof.
Article : 40
  1- Public action resulting an offence of the employer or his/her representative against the provisions punished by article 34 above shall be prescribed, when one full year had passed, after fifteen days of issuing the formal notice.
2- Civil action for the contribution collection or process allowance collection due by an employer shall be prescribed, when five full years had passed, after fifteen days of the date issuing the formal notice, regardless of proceeding or after extinguishments of the public action.
 
 
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